VAWA Self-Petition: How Abuse Survivors Can Get a Green Card Without Their Abuser

One of the most common traps in abusive immigrant households is immigration control: an abusive partner or family member who threatens to have the victim deported, withholds immigration paperwork, or refuses to file for their spouse's green card. The Violence Against Women Act (VAWA) was designed specifically to break that trap. It allows qualifying survivors to petition for their own immigration relief — without ever involving their abuser.

Despite its name, VAWA protections apply to all genders. Men, women, and nonbinary individuals can all file a VAWA self-petition. The protections exist because Congress recognized that immigration status is frequently used as a tool of abuse.

What Is the VAWA Self-Petition?

The VAWA self-petition is a legal process that allows certain immigrants who have suffered battery or extreme cruelty at the hands of a U.S. citizen (USC) or lawful permanent resident (LPR) to petition for immigration relief on their own — without the abuser's knowledge, signature, or participation. The petition is filed using Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.

A successful VAWA self-petition can lead to lawful permanent residence (a green card). It does not grant immediate legal status, but approved petitioners receive 'deferred action,' meaning they are temporarily shielded from deportation and can apply for work authorization while pursuing their green card.

Who Can File a VAWA Self-Petition?

VAWA self-petitions are available to three categories of survivors:

1. Abused Spouses

You may file if you are (or were) married to a U.S. citizen or lawful permanent resident who subjected you to battery or extreme cruelty. The marriage must be legally valid. If the abusive spouse is a USC, there is no annual numerical limit on how many VAWA self-petitions can be approved. If the abusive spouse is an LPR, the petition falls into an immigrant visa preference category, which may involve waiting for a priority date to become current.

2. Abused Children

Children under 21 who are unmarried and have been abused by a U.S. citizen or LPR parent may file their own self-petition. Additionally, an abused parent who is filing their own VAWA petition can include their minor children in the same petition as derivatives — even if those children were not themselves abused.

3. Abused Parents

Parents who have been abused by their U.S. citizen son or daughter (who must be at least 21 years old) may also file a VAWA self-petition. Note: parents of LPR children are not eligible under this category.

What Counts as Abuse Under VAWA?